An Introduction to Restorative Justice Community Forum 2008 Georgia State University March 12, 2008

The legal system assumes that the best way to achieve “justice” is through a regulated conflict.

“There’s prosecutors and there’s defense. There’s a good guy and a bad guy. You don’t cross the road.” Tina Walker

Key Principles of the Western CJ System Crime is against the state. The state, through the legal system, does justice in the name of society. Justice is governed by law, not people. All people are to be treated equally. Justice is achieved through an adversarial process.

Underlying Assumptions of Western Legal System Pain (punishment) is what will pay the debt. The process is adversarial; outcomes are win/lose.

Some of the Weaknesses of CJ system Neglects victims’ needs and may re-traumatize them. Assumes a win/lose outcome. Polarizes, encouraging parties to demonize the other.

Conrad Moore Father of Gerald ‘The prosecutor tries to keep you fired up.’ From Transcending: Reflections of Crime Victims by Howard Zehr

RJ changes the emphasis from what are we going to do TO the offender to what are we going to do FOR the victim. T. Krause

RJ is based upon an old, commonsense understanding of wrongdoing: Crime is a violation of people and human relationships. Violations create obligations. The central obligation is to put right the wrongs

Who is affected? Victims Victim-survivors Offenders Members of the community

RJ Must Start With Victims and Balance Concerns for All Parties. RJ acknowledges a place for the adversarial approach but encourages outcomes that are collaborative, inclusive, and mutually agreed upon.

Comparing the Central Questions Criminal Justice What laws have been broken? Who did it? What do they deserve? Restorative Justice Who has been hurt? What are their needs? Whose obligations are these?

Practices and programs reflecting restorative values: 1. identify and take steps to repair harm; 2. Involve all stakeholders; and 3. transform the traditional relationships among offenders, victims, communities, and governments. ( justice.org) :

The Three Pillars of RJ as described by Howard Zehr Harm Obligations Engagement

Harm RJ begins with a concern for victims and their needs. RJ seeks to repair harm as much as possible. The goal of RJ is to provide, to the extent possible, an experience of healing to all concerned.

Obligations Wrongs or harms result in obligations. RJ emphasizes offender accountability and responsibility.

Engagement RJ promotes engagement and participation. Primary parties affected by the crime are given significant roles in the justice process.

Restorative Justice is a “Big Tent” Examples of some practices with elements of RJ are: victim-offender mediation family group conferences peacemaking circles restitution community conferencing defense-initiated victim outreach

Restorative Justice in the Criminal Justice System

The principles of RJ reflect a number of values. Ultimately, RJ is based in respect for all.

Victims and Offenders are important Seeming paradox of RJ

RJ Completes the Circle